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Marrying one’s first wife’s niece

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I know a person who is married to 2 wives. The relation between the two wives is aunt and niece i.e. the second wife is the first wife’s niece (that means his first wife’s brothers daughter). The second wife had physical intimacy with the man before his second marriage. Does hurmat musaharah takes place in this case? Is the second marriage valid or not?

Bismillaah

A: No hurmat takes place. The second marriage is not valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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